Para 2 of page 5 of Judge's statement.
This design is now an ”old” design. Since about 1984 MBAL has not designed any new seats with a mechanical scissor shackle. Rather it uses an improved gas-release shackle system, available for new aircraft and also for retro-fitting. The MOD contracted MBAL to carry out such retro-fitting on all in-service ejection seats, with the exception of the seats in the Hawk aircraft.
I will deal with the last issue first, a question that no one asked, why were RAF Hawk seats not modified?
The main thrust of this statement gives the impression that the MoD initiated a retro-fitting programme to replace "old" design shackles. We have no idea who fed the Judge with this information but we know, thanks to the 2002 QinetiQ report, that this is false. The QinetiQ report makes it clear that prior to a new jamming problem that occurred in 1998 there was no intention on the part of MoD to retrofit Tornado GR4 and F3 aircraft with the gas shackle. The only mods in the pipe line related to the replacement of the GQ1000 parachute with the GQ 5000. It was only when the problem occurred during a re-qualification trial for the new chute that MoD swung into action. It then took a further seven years before Tornado seats were modified.
The HSE was aware of the 2002 QinetiQ report and the chain of events leading up to the gas shackle fit in Tornado. However, they never brought this information to the attention of the judge and the court. Clearly, a major HSE failing.
DV